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Messages - Simplydad

#41
General Issues / Re: Child Support questions
Oct 17, 2011, 12:49:50 PM
In Texas if the ex wants to increase the child support she will have to make a request for a review that can be done every few years.  Both the custodial and non-custodial parent can request the review.  The Texas AG office sends a notice every year informing each parent of their rights to request this review.  So the best his ex is going to get is an increase from the date it was applied forward.  The AG office cannot award retro child support.
#42
I can answer the question about child support in Texas.

The only time additional children is considered is if the parent is actually paying child support for the other children.  For example....Dad is paying child support for a child and then remarries.  While remarried he has another child with his current wife.  They are still married.   This would not be considered in determination of child support.

#43
Custody and child support are completely different issues. If paternity is established then you can request child support but the father will also be entitled to visitation and visitation order will probably need to follow.
#44
Quote from: rhelle on Sep 13, 2011, 08:50:29 AM
Well, after speaking with the AG office in her state, I don't feel any better.  It's all up to the judge. If the judge thinks we have a valid reason, great!! If not, and if it's a mom friendly judge, then I will have to pay the original amount....which will be the entirety of my net monthly income.  I don't really understand how that is acceptable or better for the children, but I guess I don't get to have an opinion.

The AG is probably not the one to talk to about situations like this. They are always friendlier to the parent receiving child support because there are so many deadbeat parents out there.

Now you did not quit to take a job with lower income to just to avoid child support.  The key here is that their has to be intent on your part to avoid child support.  Now if you moved to be closer to your kids that is definatly a justifiable reason as well.
#45
Quote from: rhelle on Sep 12, 2011, 01:43:30 PM
Simply Dad,

How can that be possible, if the child support amount will be more than my net income?

My new wife and I moved out of state and bought a home in a better area. The cost of living is lower here, but the pay is, also. This is the reason for the job change. Will that matter?

It seems many men (and women) would purposely lower their income to lessen the amount of child support they would have to pay. It was something the courts decided to crack down on.

Now there are justifiable ways to change jobs and it seems yours is viable.  You did not do so to lessen child support and you lowered expenses but also was able to provide home with more room for the children.  I do believe courts take all of that into account.
#46
Quote from: rhelle on Sep 12, 2011, 01:33:11 PM
We did not agree to anything, but recently heard certain states can refuse to lower your child support if you chose to take a lower paying job. This is mostly what I'm worried about it. My child support would equal my income and I don't know how we'd make it on that.

That is pretty much the case in any state.  What the means that if you quit your job to take a lower paying one then you will not get your child support lowered.  However if there is a downsizing or you were laid off and you could not find anything but what you are maknig now they can't hold that against you.
#47
Child support is based on income alone.  So she is basically extorting you because she probably heard from someone that once you go to court the chilld support will be lowered. There is no way I would agree to 50% of the income. 
#48
To put it simply....the BM is lying.

To change anything DH would need notification and be able to object.  An order cannot be changed without a hearing.
#49
Dismissed without prejiduce means you can file again.

You may not have had enough to warrant the actual filing.  What was the objection as to why it was dismissed?
#50
Heston,
I am going to have to agree with Kitty.  There is no way you can take this battle on yourself.  You are going to need an attorney.